BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
The Daughters of Arthur Straiton of Kirkside v Straiton, their Brother. [1692] 4 Brn 16 (7 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040016-0034.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Daughters of Arthur Straiton of Kirkside v. Straiton, their Brother
Date: 7 December 1692
Click here to view a pdf copy of this documet : PDF Copy
In the case of the five daughters of Mr. Arthur Straiton of Kirkside against their brother, the Lords doubted much if the factory Mr. Arthur left to Straiton, apothecary in Montrose, his cousin, to set his lands, and divide the price equally among his six children, giving the son a double portion, was obligatory and effectual now against his heir, to cause him sell in that manner, and distribute the price conform to the factor's appointment; seeing it took no effect in his own lifetime, and his factor had not executed his order; and so it was alleged, quod morte mandantis perimitur mandatum; but they thought the case very favourable, if it could subsist yet, or was only of a testamentary nature, or donatio mortis causa, not obliging the heir; and therefore ordained it to be heard in their own presence.
